Lawstreet Journal

Gujarat HC quashes FIR in Minor Rape Case as Accused proposes to marry Rape Victim [READ JUDGMENT]

Lawstreet Journal 12 Sep 2020 1:51am

Image courtesy: Lawstreet Journal Judiciary Gujarat HC quashes FIR in Minor Rape Case as Accused proposes to marry Rape Victim [READ JUDGMENT]

Last week Gujarat High Court has quashed an FIR, which is related to the rape of a minor girl by in duty police officer. The quashing was based on the settlement between the parties and the court marriage of the accused police officer to the victim. 

The FIR was registered against the police officer under section 363 (punishment for kidnapping), 366 (kidnapping women to compel her for marriage), 376(2) (n) repeated rape on same women of the Indian penal code 1860 and under section 4 (punishment for penetrative sexual assault) and section 5 clause 1 (a) (police officer committing penetrative sexual assault on the child) and section 6(1) of Prevention of Child from Sexual Offences Act 2012. POCSO Act, 2012 is formulated in order to address the cases of sexual exploitation and sexual abuse of children.

Justice Ashok Kumar C. Joshi pointed out the Judgement from the Supreme Court, Narendra Singh and others v. State of Punjab and others, 2014 6 SCC 466, quashing of FIR in a criminal proceeding in serious offenses or other offense of mental depravity committed by the public servant while on duty upon compromise would not be ground for quashing under section 482 of the Code of Criminal Procedure, 1973. 

The Court has referred landmark decision of the Honorable Supreme Court in Prabhat Bhai Ahir v. State of Gujarat (2017) SCC online SC 1189 and State of Madhya Pradesh v. Lakshmi Narayan (2019) 5 SCC 688, that the Court is not considering the quashing of the petition in… Continue Reading...


Tagged: Gujarat High Court  
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